(Expert) 10 July 2008
charge sheet means as soon as investigation is completed,the officer-in-charge of police station shall forward to magistrate empowered to take he cognizance of the offence on a policereport,a report in prescribed form stating the particulars as specified in sub-sec(2)(i)of sec 173Cr.P.C.this is known as the submission of police report,he shall have to forward along with the report,all documents or relevant extract thereof on which the prosecution proposes to rely other than those already sent to magistrate during investigation and statement recorded under s.161Cr.P.c by investigating officer of all the persons whom the prosecution proposes to examine as its witnesses.case law RajNarianVsupt.centeral jail AIR 1971 sc 178,Nagina sharmaVstate of bihar,1991CrLj1195;
(Expert) 11 July 2008
We would first refer to the relevant part of S. 173 of the Cr. P.C., which read as under :- "173. Report of Police Officer on completion of investigation.- (1) Every investigation under this Chapter shall be completed without unnecessary delay. (2)(i) As soon as it is completed, the officer-in-charge of the police station shall forward to a Magistrate empowered to take cognizance of the offence on a police report, a report in the form prescribed by the State Government, stating- (a) the names of the parties; (b) the nature of the information; (c) the names of the persons who appears to be acquainted with the circumstances of the case; (d) whether any offence appears to have been committed and, if so, by whom; (e) whether the accused has been arrested; (f) whether he has been released on his bond and, if so, whether with or without sureties; (g) whether he has been forwarded in custody under S. 170. (ii) The officer shall also communicate, in such manner as may be prescribed by the State Government, the action taken by him to the person, if any, by whom the information relating to the commission of the offence was first given.
So, (1) The police report (charge-sheet) under Section 173(2) l Cr. P.C. is not complete unless it is accompanied by the material papers (statements etc.) as contemplated under Section 173(5) Cr.P.C. (2) Perusal of police report (chargesheet) as to whether the same is inconsonance with sub-sections 173(2) and 173(5) Cr. P.C. is only an administrative act and not a judicial act. (3) Judicial act commences when the police report (charge-sheet) is filed in complete form, both complying with the provisions contained under Sections 173(2) and 173(5) Cr. P.C. and it is taken on the file of the court and perused by the court for taking a decision under Section 190(1)(b) Cr.P.C. (4) If the investigation is not completed either within 90 days or 60 days, as the case may be, and if the police report (chargesheet) is not filed in complete form as mentioned within the stipulated periods, the accused shall have absolute right for being released on bail subject to their readiness for furnishing sureties. 1994 CRI. L. J. 257